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PEOPLE v. MEDINA

299 A.D.2d 257 (2002)

749 N.Y.S.2d 712

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR MEDINA, Appellant.

Appellate Division of the Supreme Court of the State of New York, First Department.

Decided November 21, 2002.

Whether viewed in the context of statutory or constitutional law, the court properly declined to submit to the jury the defense of extreme emotional disturbance. Viewing the evidence in a light most favorable to defendant, we find no basis for such a charge, because the evidence established that the killing of the victim was a carefully planned and premeditated assassination, during which defendant was in full command of his faculties...

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